Alabama Rape Charges

Code of Alabama, Title 13A Criminal Code, Chapter 6, Article 4 - Sexual Offenses

• Ala. Code § 13A-6-60 (Definitions)
• Ala. Code § 13A-6-61 (Rape in the first degree)
• Ala. Code § 13A-6-62 (Rape in the second degree)

With regard to rape crimes, the following terms have the following definitions:

“Forcible compulsion” is the use or threatened use of physical force, violence, confinement, restraint, physical injury, or death to another person, whether it’s an express or implied threat. (§ 13A-6-60(1))

“Incapacitated” includes any of the following:

• A person who suffers from a mental or developmental disease or disability that renders the person incapable of appraising the nature of their conduct. (§ 13A-6-60(2)(a))
• A person who is temporarily incapable of appraising or controlling their conduct due to the influence of a narcotic, anesthetic, or intoxicating substance, and the defendant knew or should have known of the person’s condition. (§ 13A-6-60(2)(b))
• A person who is unable to give consent or who is unable to communicate an unwillingness to an act because they are unconscious, asleep, or otherwise physically limited or unable to communicate. (§ 13A-6-60(2)(c))

“Sexual contact” occurs when a person touches another person’s sexual or other intimate parts for the gratification of either party’s sexual desire. (§ 13A-6-60(3))

“Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight. (§ 13A-6-60(4))

“Sodomy” is any sexual act involving the genitals of one person and the mouth or anus of another person. (§ 13A-6-60(5))

A person commits first-degree rape if they engage in any of the following:

• Sexual intercourse with another person using forcible compulsion. (§ 13A-6-61(a)(1))
• Sexual intercourse with another person who is incapacitated and incapable of consent. (§ 13A-6-61(a)(2))
• Sexual intercourse with a person is 12 years of age or less, and the actor is 16 years old or older. (§ 13A-6-61(a)(3))

First-degree rape is a Class A felony. (§ 13A-6-61(b)). Upon conviction, the following criminal penalties apply:

• Minimum sentence of 10 years of imprisonment, up to 99 years of imprisonment (§ 13A-5-6(a)(1)) and
• A fine of up to $60,000. (§ 13A-5-11(a)(1))
• If the victim was a child or the actor used a firearm or deadly weapon, A mandatory minimum of 20 years of imprisonment. (§ 13A-5-6(a)(5))
• If someone is convicted of first-degree rape, they are 21 years of age or older, and the victim was six years old or younger at the time of the offense, the person faces a life sentence without the possibility of parole. (§ 13A-5-6(d))

A person who is 16 years old or older who engages in sexual intercourse with another person who is between 12 and 15 years old commits the crime of rape in the second degree, provided that the actor is at least two years older than the 12- to 15-year-old. (§ 13A-6-62(a))

Second-degree rape is a Class B felony. (§ 13A-6-62(b)). Upon conviction, the following criminal penalties apply:

• Minimum sentence of two years of imprisonment, up to 20 years (§ 13A-5-6(a)(2)) and
• A fine of up to $30,000. (§ 13A-5-11(a)(2))
• If the victim was a child or the actor used a firearm or deadly weapon, a mandatory minimum of 10 years of imprisonment. (§ 13A-5-6(a)(6))

• Ala. Code § 13A-6-63 (Sodomy in the first degree)
• Ala. Code § 13A-6-64 (Sodomy in the second degree)
• Ala. Code § 13A-6-65 (Sexual misconduct)
• Ala. Code § 13A-6-65.1 (Sexual torture)
• Ala. Code § 13A-6-66 (Sexual Abuse in the first degree)
• Ala. Code § 13A-6-67 (Sexual Abuse in the second degree)
• Ala. Code § 13A-6-68 (Indecent exposure)
• Ala. Code § 13A-6-69 (Enticing child to enter a vehicle, house, etc. for immoral purposes)
• Ala. Code § 13A-6-69.1 (Sexual abuse of a child less than 12 years old)
• Ala. Code § 13A-6-70 (Lack of consent)
• Ala. Code § 13A-6-71 (Foster parent engaging in a sex act, etc. with a foster child)